Writs of Garnishment – Bexar County, TX

Writs of garnishment in Bexar County, TX are commonly used in cases involving unpaid debts, such as credit card debt, medical bills, or unpaid child support. This mechanism allows a judgment creditor to collect on a debt owed by a debtor who has failed to satisfy a court judgment voluntarily.

The process begins with the judgment creditor filing a motion or petition with the court seeking the issuance of a writ of garnishment. The creditor must demonstrate that a valid judgment exists against the debtor and that attempts to collect the debt through other means have been unsuccessful. The court will assess the merits of the request and determine whether the issuance of a writ of garnishment is warranted. If the court finds sufficient grounds, it will issue the writ, authorizing the garnishment of the debtor’s wages, bank accounts, or other assets held by the garnishee.

Once the writ of garnishment is issued, it is served on the garnishee, notifying them of the court’s order to withhold a portion of the debtor’s income or assets. The garnishee must then comply with the terms of the writ by withholding the specified amount and remitting it to the court or the judgment creditor.

In Texas, the debtor is entitled to receive notice of the garnishment proceedings and an opportunity to challenge the garnishment. The debtor may have the right to assert exemptions or other legal defenses to protect certain income or assets from garnishment. Funds withheld through garnishment are typically held by the garnishee until further direction from the court. Depending on the outcome of the legal proceedings, the funds may be disbursed to the judgment creditor to satisfy the debt, returned to the debtor if the garnishment is found to be improper, or held in escrow pending resolution of any disputes.

Understanding the specific procedures and requirements governing writs of garnishment in Bexar County, TX is essential for creditors seeking to enforce their rights through garnishment and for debtors seeking to protect their income and assets from seizure. The Dushkin Law Firm can help you navigate the legal intricacies of writs of garnishment. Call our office at 713-961-3600 to discuss your case.